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November 5, 2009MINUTES WEST MEMPHIS CITY COUNCIL November 5, 2009 A regular meeting of the West Memphis City Council was held on Thursday, November 5, 2009 at 1:30 p.m. in the City Council Chambers at City Hafl, 205 South Redding, West Memphis, Arkansas. Mayor Johnson called the meeting to order at 1:30 p.m. Invocation was given by Bro. Gary Hair, Calvary Baptist Church. Phillip Para, City Clerk, called the roll. Those present were: Mayor Wi//iam H. Johnson, CityAttorney David Peep/es, City Treasurer Frank Martin and Counci/ors, Marco McC/endon, Wi//is Mondy, James Ho/t, Taz Tyrone, Phillip Carter Lorraine Robinson, Tracy Catt, James Pu/liaum and Ramona Taylor Absent. Councilor Herman Co%man. Quorum being present, Mayor Johnson proceeded with the meeting. BID OPENINGS Bids for Police Department - 1) Hand held police radios and communications equipment 2) Selling of police seized fire arms. Bids were opened and tabulated at 1:00 p.m. Copies of the tabulation sheets were given to the City Council. Mayor Johnson accepted the bids and referred them to the Police Commission for final disposition. Mayor Johnson announced that there will be a Police Commission meeting immediately after the council meetin . 9 MINUTES Councilor Catt moved, seconded by Councilor Mondy to dispense with the reading of the minutes of October 15, 2009, and approve them as submitted. Upon voice vote, the voting was unanimous. OLD BUSINESS 2"d reading of an ordinance granting a special use permit for the property located at 896 South Walker, allowing an agricultural grain transloading facility in a CVE, Conservation Extra-Territorial District. City Attorney Peeples read the ordinance for the second time. Councilor Pulliaum moved, seconded by Councilor Taylor to suspend the rules and place the Ordinance on its third and final reading. Upon voice vote, motion was unanimous. City Attorney Peeples read the ordinance for the third and final time. Councilor Pulliaum moved, seconded by Councilor Tyrone to approve the ordinance. Upon voice vote, the voting was unanimous. Ordinance was assigned No. 2233. 2"d reading of an ordinance providing for the levy of a one-fourth of one percent (0.25%) sales and use tax within the City of West Memphis, Arkansas, and prescribing other matters pertaining thereto. City Attorney Peeples read the ordinance for the second time. 2"d reading of an ordinance to amend Ordinance 1257 to amend the distribution of revenue from the one percent (1%) sales and use tax passed on November 4, 1986, and prescribing other matters pertaining thereto. City Attorney Peeples read the ordinance for the second time. NEW BUSINESS Councilor Robinson made a motion to read R-1 and O-1 by title only. Motion was seconded by Councilor Pulliaum. Upon voice vote, the voting was unanimous. R-1 A resolution approving revisions to the use of force policy for the West Memphis Police Department, and for other purposes. City Attorney Peeples read the resolution. Councilor Taylor moved, seconded by Councilor Pulliaum to approve the resolution. Upon voice vote, motion was unanimous. Resolution was assigned No. 1931. Councilor McClendon said that this is a step in the right direction, but he would like to see us implement a policy where we call EMS every time the tazer is used on someone. Councilor Robinson stated that it was already in the policy and the probes are to be removed by a paramedic. It has been discussed in the Police Commission that the manual needs to be discussed and reviewed to be determined how the policy is to be used. Councilor Catt asked about Section 4, paragraph D, dealing with chemical sprays and getting EMS care for decontamination. City Attorney Peeples stated that we are currently using chemical sprays that only need to air dry, so having EMS would be not be needed for that. O-1 An ordinance waiving competitive bidding for the purchase of Pannin In-car video systems, and for other purposes. City Attorney Peeples read the Ordinance for the first time. Councilor Robinson moved, seconded by Councilor Catt to suspend the rules and place the ordinance on its second reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the ordinance for the second time. Councilor Pulliaum moved, seconded by Councilor Robinson to suspend the rules and place the ordinance on its third and final reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the ordinance for the third and final time. Councilor Pulliaum moved, seconded by Councilor Mondy to approve the ordinance. Upon voice vote, the voting was unanimous. Ordinance was assigned No. 2234. These cameras will be placed in the new SUV's purchased with stimulus money from the state. Two of the vehicles will be used for police dog units. The grant amount is a little over $320,000. Councilor McClendon wants to go to the station one day and see the equipment in the vehicles and perhaps ride with an officer. Mayor Johnson said all he had to do was ask. Mayor Johnson asked that an ordinance regarding vacancies in the position of Commissioners on the West Memphis, Arkansas, Road, Water and Sewer Improvement District No. 10, be added to the agenda. Councilor Holt moved, seconded by Councilor Taylor to add the ordinance to the agenda. Upon voice vote, the voting was unanimous. Councilor Robinson made a motion to read the ordinance by title only. Motion was seconded by Councilor Pulliaum. Upon voice vote, motion was unanimous. O-2 An ordinance to fill two vacancies in the position of commissioners of the West Memphis, Arkansas, Road, Water and Sewer Improvement District No. 10, declaring an emergency, and for other purposes. City Attorney Peeples read the Ordinance for the first time. Mayor Johnson explained that the property owners in this district taxed themselves to upgrade and build roads to the port. The bond issue that paid the money was paid out many years ago, but the property owners continued to make payments to the county. That fund has accumulated approximately $400,000. This money is not the City's money and we have no jurisdiction•over it; however, the city has to assign the commissioners. The commissioners have to be property owners in that district and are recommended by the property owners. The property owner's elected to nominate Dr. Scott Ferguson and Tommy Goldsby to fill the vacant positions. Once the positions are filled they can distribute the money. There are regulations as to how the money has to be distributed and is based on the percentage of ownership in the property. Councilor Pulliaum moved, seconded by Councilor Holt to suspend the rules and place the ordinance on its second reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the ordinance for the second time. Councilor Pulliaum moved, seconded by Councilor Mondy to suspend the rules and place the ordinance on its third and final reading. Upon voice~vote, the voting was unanimous. City Attorney Peeples read the ordinance for the third and final time. Councilor Pulliaum moved, seconded by Councilor Mondy to approve the ordinance. Upon voice vote, the voting was unanimous. Ordinance was assigned No. 2235. Councilor Taylor moved, seconded by Councilor Pulliaum to pass the Emergency Clause Section 3. Upon voice vote, the voting was unanimous. COMMITTEE REPORTS Po/ice Commission- Councilor Robinson reported items discussed in the meeting were the parking ordinance and the internal affairs department. City Attorney Peeples is reviewing the parking ordinance to see what we can due to make the parking more suitable for everyone. The new temporary internal affairs officer, Lester Ditto, a retired Memphis Police Officer has been contracted and we need to find out if an ordinance is needed for his contracted labor. Councilor Coleman expressed concerns at the Police Commission meeting about the Police Commission or the council not being involved in the hiring of the internal affairs officer. Councilor Tyrone informed him at the ~ meeting that the two entities are not involved in hiring or firing of police personnel, his statement was confirmed by City Attorney Peeples. Councilor Coleman asked that the Police Commission and City Council be kept up to date about hiring and firings of personnel. The commission also heard complaints. Councilor Robinson reported on the crime statistics compared to last year. There was one resignation, two new hires and one opening available. Two complaints are under investigation with internal affairs. Captain Ridge discussed stimulus money received and new policy and procedures for tazers were also discussed. Insurance Committee -Councilor Taylor reported that they met with Cigna and got the first quarter utilization analysis. At a second meeting, they recommended bidding out the Dental and the Life Insurance packages. A list of all area dentists that participate in the plan will be submitted with the bid proposal, so all area dentist can participate in the plan. They are going to ask for Cigna to return with a fist of their wellness options to assist personnel with informing employees on what is available to them. The Municipal League is also being asked to send a representative for their wellness program to help develop a wellness program. They would also like to meet with individuals from the Work Team Industrial Medicine Program to discuss initiating pre-employment physicals. Utility Commission- Councilor Tyrone reported that Sorrell Consulting has been hired for the rehabilitation of Sewage Pump Station Number 5, which is located at the corner of Avalon and Oliver. The roll off truck has been delivered to the sewage treatment plant and on November 1St Utility will start hauling their sludge to the local landfill. Consultation has been ongoing with the bond council and the bonding company to put everything out for the ten million dollar bond, which has to do with the clean up of the White Bluff Coal Power Plant. At another meeting they discussed actions needed to be necessary for the approval of the permit for EPA mandated cleaning of the Coal Plant. CITIZENS REQUESTS Lawrence Brown-614 Rainer Road- wanted to thank Chief Paudert and the police department for making ""'~ improvements to the policy dealing with tazers. He also made the suggestion of moving the internal affairs officer out of the Police Department, since it is located in the department of the people that he is supposed to investigate. He also suggested that cameras be added in every police car. Mr. Brown says we need to add a citizens police review board and go to community oriented policing. He feels that it is alright to be critical of the police department, because it promotes discussion, which is good. He would like to invite the police chief to a debate about the direction of policing in our city. He wants community oriented policing, one that builds and restores trust. Councilor Robinson agreed a lot that Mr. Brown said and mentioned a complaint that she had received from a citizen regarding an officer speaking rudely and not having a reasonable cause to arrest the gentleman. She was told the Police Chief was at the scene. She is reporting on what she was told and had not spoken with anyone at the police department to understand the legitimacy of what she was talking about. This person has already complained to the internal affairs department and ultimately the report will end up on the Chief s Desk. Her question is, if the Chief was there as part of the arrest and participated in the scenario how can he justifiably judge the particular incident with that police officer. She then asked for the City Attorney's opinion. City Attorney Peeples suggested she have all the facts before reciting one version of one story. ANNOUNCEMENTS Mayor Johnson announced a budget committee meeting today at 5:00 p.m. at City Hall. They will be meeting 24ery Thursday until the end of the year with the exception of Thanksgiving week, they will be meeting on the Having no further business to come before the City Council, Councilor Tyrone moved, seconded by Councilor Taylor to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 2:07 p.m. PASSED and APPROVED this day of November, 2009. WILLIAM H. JOHNSOI ,MAYOR ATTEST: ,c - PHILLI ,CITY CLERK Minutes prepared by Rhonda Standridge, Jr. Deputy City Clerk • • ~••* ~ ~ **tF ~'~ ~ t ti i ~. 1,k,N•~• CITY Off' ~~~T M M~KIc~ 205 S. Redding • P.O. Box 1728 • West Memphis, Arkansas 72303-1728 • (870) 732-7500 BID TABULATION SHEET WEST MEMPHIS POLICE DEPARTMENT RADIO EQUIPMENT AS OUTLINED IN SPECIFICATIONS NOVEMBER 5, 2009 BIDDER BID PRICE INTEGRATED COMMUNICAIOTNS $ I G 3 3 82.7 8 An Equal Opportunity Employer ~ ~~~~ M• ~ *~k* ~~ • S O ~ ~ r r • ~ CITY O~ ~~~~T M MpKI ~ c~ 205 S. Redding • P.O. Box 1728 • West Memphis, Arkansas 72303-1728 • (870) 732-7500 BID TABULATION SHEET WEST MEMPHIS POLICE DEPARTMENT TO SELL SIZED FIREARMS AS LISTED IN SPECIFICAITONS NOVEMBER 5, 2009 BIDDER MISS-LOU PAWNSHOP OZARK ARMORY KIESLER POLICE SUPPLY CRUSE POLICE SUPPLY GT DISTRIBUTORS GUNS & AMMO ACCURATE GULF STATE DISTRIBUTORS BID PRICE $ lU .~35 $ I Jp Ids $ 5,. ~o 0 An Equal Opportunity Employer